13 Jan 2012 3 Comments
in Advocacy, Human Rights, Justice, Law, Minority Rights, Press Release Tags: B R Ambedkar, Central Government, Dalit, equality, Hotai Panchayat, Jharkhand, June 2011, Mahatma Gandhi National Rural Employment Guarantee Act, MGNREGA, Migrant worker, Palamau District Administration, Panchayat, Scheduled castes and scheduled tribes
Karmatand, Panchayat Hotai, Block Panki, Dist. Palamau, Jharkhand. A 55 year old Dalit man, Jagu Bhuiyan hung himself from a tree in his farm on the night of the 6th of January, 2012. He was a beneficiary of a Well Construction scheme sanctioned under MGNREGA. A well was being constructed on Jagu’s land under scheme number 11/2010-11 in the financial year 2010-11. The labourers who had worked for the well before monsoon, were continuously demanding their wages.
A team of Jharkhand NREGA Watch went to Karmatand on 9th January, 2012 for immediate fact finding of the main reasons for suicide. The team talked to the family members of Jagu Bhuiyaan and other villagers. The salient points of the fact-finding are as under: Jagu’s wife, Kabootri Devi informed that on the night of 6th January, 2012, like every day, Jagu went to sleep at the shed on their farmland. When his children went to the farm on the morning of 7th January, 2012, they saw their father’s body hanging from the Palash tree and then informed the villagers about it immediately. The villagers informed the Panchayat representatives about it, who then informed the Paanki police station through the local guard. His body was then lifted by the police. Jagu’s wife Kabootri Devi, Son Doman Bhuiyan (30), Anu Bhuiyan, Nandev Bhuiyan, Bhola Uraon, Ward member Pratima Devi (ward number 5), labourers and villagers informed in the formal meeting that they had got an order from the block for a well construction.
Work was commenced in April, 2011. 10 labourers had worked continuously till 15th June, 2011 but in the Well Construction Scheme of Jagu Bhuiyan, the labourers got Rs. 14200 in one installment. He sold off one Ox for paying the labourers and distributed the money he got from selling the ox, to the labourers. Despite this, there was Rs. 1720 as pending wages, of Anu Bhuiyan and his wife. 400 boulders and sand has been lifted to the worksite. There is no entry in the Measurement Book for the material and no payment has been made against the above mentioned material. If the labourers who were working on the Well digging are to be believed, the well was dug 28 feet into the ground. According to the model rate, the cost of this is Rs. 43920.
The Nodal Officer found the depth to be 20 feet on 9th of January in his investigation. That the wells constructed before monsoons have been crushed down/damaged by rains is a well known fact, both with the District and State Administration. Even if the costing of the well is to be done at the current depth, it comes to Rs. 18445. Add to that, the cost of the boulders and sand that was lifted to the site. If the total pending wages are calculated, even by the strictest standards, they add up to Rs. 10000. The actual situation in the Hotai Panchayat is worse. All the people working on MGNREGA in Jharkhand must be knowing that the Chief Secretary, Jharkhand state had ordered in March 2011 for construction of 50 wells in every Panchayat. The well construction scheme in Jharkhand has faced controversy since then. Because, under the provisions of MGNREGA, the right to choose schemes rests with the Gram Sabha and not with any minister or political leader.
In Hotai Panchayat, construction had begun on 44 wells around the 15th of April.We also remember that the transfer of funds from the District to the Panchayats accounts took place on 24thJune, 2011, only after the intervention of the MGNREGA Commissioner. The Hotai Panchayat received only one installment, that of Rs. 9,90,000 in the financial year 2011-12. Under the Wage Payment head of Hotai Panchayat’s account for the labourers who worked before monsoons, the balance is only Rs. 500 since July 2011. For all the well construction schemes only that commenced before monsoons, the Panchayat needs Rs. 5,00,000 from the government. The situation is that there have been no efforts since July 2011 to provide any employment to the MGNREGA labourers in Hotai.
The major irregularities in implementation of MGNREGA in Hotai Panchayat
- There was a dearth of funds since June 2011 in the Panchayat. The Mukhiya (Sarpanch/Pradhan) of the Panchayat sent 5 written requests to the Administration for allocation for NREGA between 2nd June 2011 and 16th December 2011.
- The labourers have been paid at a rate of Rs. 100 which is lower than the minimum wage in Jharkhand, Rs. 120. And this has been paid “in cash”.
- None of the labourers have their pass-books, either of the bank or the post office.
- Rs. 500000 is pending as wages since the past six months in 44 well construction schemes, work on which started in April 2011.
- Muster Rolls haven’t been maintained properly for any scheme or worksite.
- None of the labourers’ job cards have been renewed despite the fact that their job cards were valid only till 31st March, 2010.
- Most of the families dependent upon labour have migrated to other states in search of work.
Be it the beneficiaries of NREGA or the activists struggling against the corruption in welfare schemes, the instances of their suicide and gruesome murder are continuously being reported in Jharkhand. The police haven’t yet solved the case of an RTI activist, Pradeep Prasad’s murder that took place in Pandeypura village of Latehar district of the state on 29thDecember 2011, just a fortnight back. The suicide of Jagu Bhuiyan has proved that the administration is totally insensitive about the situation of NREGA. It should be remembered that after the murder of Subal Mahto in Bokaro district and Niyamat Ansari in Latehar district of Jharkhand, the Central Government had appealed the State Government to prevent such events in future. Also, it had been ordered by the Central Government that under the Pilot Action Research programme, 12 districts of Jharkhand will focus on special thematic areas for better implementation of NREGA. But the District administration of Palamau has been unresponsive to the programme and hence satisfactory results haven’t been achieved. For assistance of the people who were financially dependent upon Jagu Bhuiyan and for the punishment of the people who are responsible for this, we have the following demands from the Palamau District Administration:
- According to the order of the Jharkhand government, reference number 4-1010(NREGA)/10/Rural Development-4716 Ranchi/dated 1/8/2011, a compensation of Rs. 75000 should be provided to Jagu bhuiyan’s wife, Kabootri Devi, within the next three days.
- A case should be filed against the officers responsible for Jagu Bhuiyan’s suicide under the section 306.
- The family should get Rs. 5 lakhs as compensation and a Government job of the 4th grade to one member of the family.
- Other social security benefits (under the National Family Benefit Scheme, Widow pension scheme, Indira Awas Yojana and free education for the children) should be provided to the members of the family within a specified time.
- To avoid any such event in the future, camps should be organized in every block of the Palamau district and all the cases of pending wages should be solved.
- The Government should protect and guarantee the security of the activists and individuals who take up pro-poor causes with the help of RTI or in MGNREGA.
Names of the members of the fact-finding team of Jharkhand NREGA Watch are:
- Virendra Paswan
- Mithlesh Kumar
- Jitendra Singh
- James Herenj
The Jharkhand NREGA Watch team met Ms. Pooja Singhal, the Deputy Commisioner, Palamau district on 11thJanuary, 2012 presenting her their fact finding report about Jagu Bhuiyan’s suicide case. They also demanded for essential benefits for the family. The DC discussed and decided action on the following major points:
- There are significant similarities between the report submitted by the Jharkhand NREGA Watch team and the administrative team that visited the village. But there are certain things in the case that require further inquiry.
- The family of Jagu Bhuiyaan will be provided the following social security benefits: Rs. 10000 under the National Family Benefit Scheme, Rs. 75000 under the scheme for NREGA labourers by Jharkhand Government, Widow Pension and food entitlements.
- A strategy will be made for a long-term solution of the institutional problems in the administration for better implementation of NREGA.
A video has been prepared on this suicide case which can be accessed on YouTube through the following link